[digital-copyright] CIP Legal Updates - 5/9/13

[Jordan Reth <jordan.reth@xxxxxxxx>]

Center for Intellectual Property - Legal Updates
5/9/13
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Google files patent for 'Policy Violation Checker' tool to detect
'problematic' phrases in electronic correspondence.
May 7, 2013, Daily News & Analysis.
http://www.dnaindia.com/scitech/1831618/report-google-files-patent-for-policy
-violation-checker-tool-to-detect-problematic-phrases-in-electronic-correspon
dence

Google has reportedly filed a patent for a tool that will detect
potentially problematic phrases, or words from electronic correspondence,
which in turn, will help companies or individuals avoid lawsuits.

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U.S. Copyright Royalty Board appoints new members.
By: Adam Kerlin, May 7, 2013, Thomas Reuters.
http://newsandinsight.thomsonreuters.com/Legal/News/2013/05_-_May/U_S__Copyri
ght_Royalty_Board_appoints_new_members/

The Library of Congress on Monday named two new members to its Copyright
Royalty Board, a body of three judges that sets the rates broadcasters must
pay for copyright licenses, at the same time the appointment method is
being challenged.

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Aereo Sues to Block Threatened Copyright Suits by CBS.
By: Bob Van Voris, May 6, 2013, Business Week.
http://www.businessweek.com/news/2013-05-06/aereo-sues-to-block-threatened-co
pyright-challenges-by-cbs-1

Aereo Inc. (0176218D), the Barry Diller-backed online TV service, sued to
block CBS Corp (CBS) (CBS). from filing threatened copyright suits to try
to stop Aereo from selling broadcasters programming online without
permission.

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Google liable for copyright infringement.
By: Bernard Vaughan, May 9, 2013, IOL.
http://www.iol.co.za/scitech/technology/news/google-liable-for-copyright-infr
ingement-1.1512930#.UYul8YbhfDw

A US federal appeals court on Wednesday questioned the reasoning behind a
class-action lawsuit against Google over its effort to digitise millions of
books, suggesting that many authors could benefit from the project.

Billions of dollars are at stake in the long-running dispute, in which The
Authors Guild as well as groups representing photographers and graphic
artists argue that the Google Books project amounts to massive copyright
infringement.

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United States: Vicarious Copyright Infringement Requires A Showing Of
Supervision Or Control.
May 8, 2013, Mondaq.
http://www.mondaq.com/unitedstates/x/238018/Copyright/Vicarious+Copyright+Inf
ringement+Requires+A+Showing+Of+Supervision+Or+Control

In an opinion that elaborates on the degree of third-party supervision
required in order to attach vicarious copyright infringement liability, the
U.S. Court of Appeals for the Ninth Circuit Court upheld a decision that
dismissed claims of vicarious copyright infringement against the major
wireless networks for content distributed over their networks.  The
plaintiffs failed to plead a claim of copyright infringement because there
was no identification of any system of supervision in place for the
wireless carriers to influence, affect, or control what content its users
were sharing on multimedia messaging service networks.

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Copyright owners to help set meaning of 'diligent search' in orphan works
reforms, says IPO.
May 7, 2013, Out-Law.
http://www.out-law.com/en/articles/2013/may/copyright-owners-to-help-set-mean
ing-of-diligent-search-in-orphan-works-reforms-says-ipo/

A spokesperson for the Intellectual Property Office (IPO) said that a
"working group" comprising representatives from rights holders groups, as
well as from museums and archives, have already met six times since
September and that they would be involved in defining what a 'diligent
search' means.

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Harper Lee Sues Agent Over Copyright on Mockingbird.
By: Julie Bosman, May 6, 2013, NY Times.
http://www.nytimes.com/2013/05/07/business/media/harper-lee-sues-agent-over-c
opyright-on-mockingbird.html?_r=0

Harper Lee, who skillfully chronicled courtroom drama in To Kill a
Mockingbird, is tangled in a legal drama of her own. Ms. Lee, 87, filed a
lawsuit last week accusing her literary agent, Samuel Pinkus, of improperly
collecting royalties from Mockingbird since 2007. According to the
complaint, filed in federal court in New York, Mr. Pinkus engaged in a
scheme to dupe Harper Lee, then 80 years old with declining hearing and
eyesight, into assigning the books copyright to his company. Ms. Lee does
not recall signing the document or discussing it with Mr. Pinkus, the
complaint said.

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Disney withdraws trademark filing for 'Dia de los Muertos'.
By: Adolfo Flores, May 8, 2013, L.A. Times.
http://www.latimes.com/entertainment/envelope/cotown/la-et-ct-disney-dia-de-l
os-muertos-20130507,0,5334483.story

If the dead could speak, they probably wouldn't have been heard over the
burst of virtual shouting and howling Walt Disney Co. drew for attempting
to trademark "Dia de los Muertos" -- a bid it has since dropped.

The company filed 10 applications with the U.S. Patent and Trademark Office
for Dia de los Muertos, including applications pertaining to toys,
cereals and jewelry. The May 1 filings came in anticipation of an untitled
movie about the Mexican holiday, known in English as Day of the Dead.

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Trademark monitoring company settles with Vermont Attorney General over
deceptive mailings.
Press Release, May 8, 2013, VTDigger.
http://vtdigger.org/2013/05/08/trademark-monitoring-company-settles-with-verm
ont-attorney-general-over-deceptive-mailings/

The Vermont Attorney Generals Office has reached a settlement with
Trademark Monitoring Services, Inc., California, for mailing solicitations
to Vermont businesses that misrepresented that the businesses owed it money
for trademark-related services. Under the settlement, TMS must comply
strictly with Vermont and federal law regulating through-the mail offers,
pay full refunds to the businesses that sent it money, and pay $10,000 to
the State of Vermont in penalties and costs.

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Tiffany vs. Costco: Which Diamond Ring Is Better?.
By: Claire Suddath, May 6, 2013, Business Week,
http://www.businessweek.com/articles/2013-05-06/tiffany-vs-dot-costco-which-d
iamond-ring-is-better

Discount wholesale club Costco (COST) sells Tiffany (TIF) engagement rings.
Sorry, Tiffany engagement ringsdiamonds set in silver bands that look
like real Tiffany rings, and are even called Tiffany at the store, but
have nothing to do with the upscale New York jewelry store. The jeweler
says the rings are falsely presented as authentic Tiffany products and is
now fighting Costco in a multimillion-dollar trademark suit that seeks to
determine whether Tiffany has become the Kleenex of diamond ringsor if
Costcos rings refer specifically to the store thats actually called
Tiffanys.

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Africa: U.S. Rates Intellectual Property Protections of Trading Partners.
May 3, 2013, AllAfrica.
http://allafrica.com/stories/201305061675.html

In an annual report on the adequacy of the intellectual property rights
protections of U.S. trading partners, the Office of the U.S. Trade
Representative (USTR) cites ongoing problems in Ukraine and praises
improvements in Canada.

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